특수상해
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. Summary of grounds for appeal;
A. The Defendant was assaulted by the victim of mistake of facts, and did not commit the assault against the victim as stated in the facts charged of this case.
Moreover, the Defendant did not commit such violence to the victim with the same injury as stated in the facts charged, and there was no intention to do so.
B. The sentence imposed by the lower court on the grounds of unreasonable sentencing is too unreasonable.
2. Determination:
A. To the extent consistent with the original facts charged, the prosecutor of the amendment of the indictment applied for the amendment of the indictment to the extent that it is recognized as identical to the original facts charged as follows, and since this court permitted the amendment, the judgment of the court below was no longer maintained.
However, even if there are the above reasons for ex officio destruction, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, so it will be examined on the premise that the above facts charged was changed.
B. The summary of the revised facts charged and the victim B (the age of 69) are marital relationships.
around 08:00 on October 20, 2017, the Defendant sought to carry clothes, etc. on the ground that it is not good between the victim and the victim at the home of the victim, who was in 08:00 on the 08:00, and was trying to leave the house of the victim, she would be “if the victim continues to leave the house so that it would continue to do so, she would stamp the divorce,” and she would be “I would do not want to do so,” and she would be “I would like to do so.” The Defendant was able to look at the victim’s arms, and was able to fit the victim’s left eye.
As a result, the defendant suffered injury to the victim, such as the inside and outside of the coordinates that require treatment for about two weeks.
C. The diagnosis submitted by the victim of the crime of injury to the relevant legal doctrine regarding the Defendant’s assertion of mistake is generally accepted.